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MY SECOND IPT: LETTER FROM THE EARL OF WINCHILSEA: STATUS OF PRISONERS AFTER 1997
1.
BEGINS
1.
FOLLOWING IS TEXT OF OUR PROPOSED DRAFT REPLY.
THANK YOU FOR YOUR LETTER OF 14 OCTOBER. BEFORE I RESPOND TO THE SPECIFIC MATTERS WHICH YOU RAISE I WOULD LIKE TO COMMENT ON THE QUOTATION FROM THE STUDY OF THE QUOTE HONG KONG AGREEMENT UNQUOTE MADE BY THE US LIBRARY OF CONGRESS. OF COURSE, THE PEOPLE'S REPUBLIC OF CHINA IS A SOVEREIGN STATE, THE NATIONAL PEOPLE'S CONGRESS, IS, UNDER THE CONSTITUTION OF THE PRC, A SOVEREIGN LEGISLATURE AND THE STANDING COMMITTEE OF THE NATIONAL PEOPLE'S CONGRESS HAS, UNDER THE CONSTITUTION, THE POWER OF INTERPRETATION OF STATUTES. BUT THE PRC HAS ENTERED INTO BINDING LEGAL OBLIGATIONS IN THE JOINT DECLARATION IN RELATION TO THE POSITION AND STATUS OF HONG KONG AFTER CHINA RESUMES SOVEREIGNTY OVER THE TERRITORY. THOSE OBLIGATIONS PROVIDE FOR A WIDE MEASURE OF AUTONOMY AND IN PARTICULAR A CONTINUATION OF THE PRESENT JUDICIAL AND LEGAL SYSTEM OF HONG KONG. ARTICLE 31 OF THE CONSTITUTION OF THE PRC ENABLES THE STATE TO ESTABLISH IN A SPECIAL ADMINISTRATIVE REGION SYSTEMS TO BE INSTITUTED IN THE LIGHT OF THE SPECIFIC CONDITIONS AND IT IS CLEAR FROM THE DRAFT OF THE BASIC LAW THAT IS AT PRESENT BEING PREPARED THAT THE QUOTE SYSTEMS UNQUOTE TO BE APPLIED IN THE SAR WILL INCLUDE THE PRESENT JUDICIAL SYSTEM OF HONG KONG. DRAFT ARTICLE 10 OF CHAPTER I OF THE BASIC LAW PROVIDES AS FOLLOWS:
QUOTE IN ACCORDANCE WITH ARTICLE 31 OF THE
CONSTITUTION OF THE
PRC, THE POLICIES AND SYSTEMS IN THE HONG KONG SAR, INCLUDING THE SOCIAL AND ECONOMIC SYSTEMS: THE SYSTEM FOR SAFEGUARDING BASIC RIGHTS AND FREEDOMS: AND THE SYSTEMS REGARDING EXECUTIVE, LEGISLATIVE AND JUDICIAL MATTERS SHALL BE BASED ON THE PROVISIONS
IN THIS LAW.
LAWS ENACTED BY THE HONG KONG SAR LEGISLATURE SHALL
NOT CONTRAVENE THIS
DRAFT ARTICLE 16 OF
LAW. UNQUOTE.
SECTION 4 OF CHAPTER III PROVIDES AS
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